Handling Personal Injury Claims
Ukraine
is
one
of
the
largest
suppliers
of
the
labor
force
to
the
world’s
maritime
industry.
Significant
numbers
of
personal
injury
claims
with
Ukrainian
seafarers
is
a
constant
tendency
in
Ukraine
which
has
adverse
effects
on
Shipowners
who
employ
Ukrainian
seafarers
and
need
to
be
considered
when
dealing
with
Ukrainian
crew
claims.
Lack
of
information
about
claims
handling
and
local
developments
and
practice
may
lead
to
high
damages
and
payments
of
unjustified
claims
compensation.
Usually,
sums
of
compensation
related
to
the
loss
of
seafarers’
working
capacity
stipulated
at
employment
contracts
and
collective
fleet
agreements.
These
documents
mostly
provide
the
relevant
scale
of
sums
to
be
paid
depending on the degree and character of the professional incapacity (disability).
Case study
A
seafarer
worked
as
AB
and
suffered
complicated
leg
fracture
whilst
employment.
120
days
after
the
injury
the
seafarer
remained
disabled.
On
the
initial
stage
of
claim
handling
local
manning
agent
was
instructed
by
the
Shipowners
to
handle
the
claim
with
the
seafarer.
The
lawyer
appointed
by
the
seafarer
claimed
for
100%
disability
plus
medical
and
rehabilitation
costs,
moral
damage,
legal
costs,
etc.
We
negotiated
the
claim
and
found
that
the
seafarer
had
no
legally
valid
medical
documents
(disability
certificate,
report)
confirming
his
degree
of
disability.
Moreover,
it
was
not
clear
if
his
disability
is
permanent
or
temporary?
We
also
verified
that
the
seafarer
did
not
visit
doctors
regularly
and
treatment
was
not
properly
arranged.
We
required
and
finally
agreed
with
the
claimant
lawyer
to
appoint
independent
medical
experts
from
the
Club’s
PEME
accredited
local
clinic.
Medical
examination
held
in
our
presence
showed
that
the
seafarer
was
indeed
disabled,
however,
the
doctors
advised
that
in
case
of
regular
medical
treatment
and
medical
assistance,
the
seafarer
will
retrieve
leg
moving
abilities
hence
disability
might
be
reduced
in
future.
Thus,
we
obtained
a
legal
ground
to
start
the
negotiation with the claimant.
Result
After
difficult
negotiations
with
the
seafarer’s
lawyers,
we
settled
to
65,000
USD
compensation
comparing
with
substantial
claimants’
demands
in
amount
120,000
USD.
Moreover,
medical
charges
were
reduced
and
we
agreed
only
a
lump
sum
compensation
payment.
We
arranged
to
sign
R&R
at
Notary
office
and
the
claim
was
settled
finally
without
negative
consequences
as
claims
in
tort,
moral
harm.
Legal
costs
and
any
auxiliary extra costs which most probably would be imposed in case of commencement court proceedings.
P&I Correspondents recommendations:
For the effective settlement of personal injury claims, we recommend the following steps to be done:
• All personal injury cases should be brought to the Club/P&I Correspondents attention as soon as possible.
•
If
the
accident
occurred
abroad,
the
family
should
be
duly
informed
and
appropriate
medical
facilities
should
be
recommended
and
prepared in advance.
•
Explain
the
Owners/Club’s
position
regarding
his
claim
settlement.
Delay
in
providing
the
true
and
exact
information
about
the
personal
injury case increases the risks on the opposite lawyer's involvement.
•
Keep
permanent
contact
with
the
injured
seafarer/his
family
and
closely
monitor
the
procedure
of
medical
treatment/rehabilitation/medical
assessment
in
order
to
ensure
that
most
effective
care
is
being
given,
medical
costs
which
should
be
fair
and
reasonable
and
in
line
with
the
local
standards.
•
Request
the
supporting
vouchers
for
all
medical
costs
incurred.
It
is
necessary
to
explain
the
seafarers
initially
that
only
expenses
supported
by the relevant vouchers could be reimbursed.
•
If
the
medical
operation
or
expensive
treatment
is
required,
we
recommend
instructing
P&I
Correspondent
to
discuss
and
agree
on
such
costs and period of required treatment in advance with the hospital administration.
•
Large
hospital
bills
should
be
passed
to
the
P&I
Club
at
first
instance
and
reviewed
and
relevant
breakdown
should
be
required.
Due
to
P&I
Correspondents involvement into the process of medical bills settlement, the hospital bills have been reduced.
• Require on a regular basis updated seafarer’s medical reports, certificates, x-rays photos, seafarer’s medical charts, etc.
•
Discuss
the
seafarer’s
health
condition
with
the
attending
doctor
or/and
involve
independent
and
trustable
medical
consultants
for
a
comprehensive and independent medical conclusion, certainly with prior Club/Owner’s approval.
•
Request
an
independent
medical
assessment
as
to
the
seafarer’s
current
health
condition
and
treatment/rehabilitation
required
and
further
prognosis as to his recovery, period of recovery or character of disability (temporary or permanent).
•
Mitigate,
negotiate
and
settle
the
claims
before
the
court.
In
the
case
of
the
court,
the
corresponding
costs
(legal
costs,
moral
damage,
additional medical costs, etc.) will be added to the sum of the main claim.
• Sign the Statement of Receipt & Release at Notary Public in order to avoid potential allegations/claims from the claimants.